Florida Statutes
Fla. Stat. § 938.08 (2025)
Additional cost to fund programs in domestic violence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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938.08 Additional cost to fund programs in domestic violence.—In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28, the court shall impose a surcharge of $201. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $85 of the surcharge shall be deposited into the Domestic Violence Trust Fund established in s. 741.01. The clerk of the court shall retain $1 of each surcharge that the clerk of the court collects as a service charge of the clerk’s office. The remainder of the surcharge shall be provided to the governing board of the county and must be used only to defray the costs of incarcerating persons sentenced under s. 741.283 and provide additional training to law enforcement personnel in combating domestic violence.
Notes of Decisions
Cited in 35
cases (6 in the last 5 years), 2004–2026 · leading case: V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006).
V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). “00 surcharge pursuant to section 938.08, Florida Statutes. She pled guilty to two counts of battery, first degree misdemeanors.”
S.S.M. v. State, 898 So. 2d 84 (Fla. 5th DCA 2004). “” § 938.08, Fla. Stat. (2004) 1 (emphasis added).”
Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004). “is amended to add a check-off provision for “1 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence).”
V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005). “00 surcharge against a child in a juvenile delinquency proceeding, pursuant to section 938.08, Florida Statutes. However, we conclude that because this issue is of great public importance or may have a great effect on the proper administration of justice, and should be quickly…”
Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “at 278 (quoting §§ 938.08, 938.085, 938.10, Fla. Stat. (2006)).”
SSM v. State, 898 So. 2d 84 (Fla. 5th DCA 2004). “" § 938.08, Fla. Stat. (2004) [1] (emphasis added).”
Kenny Fabra Ayos v. State of Florida, 275 So. 3d 178 (Fla. 4th DCA 2019). “We reverse the imposition of the foregoing charges, and remand for the ministerial actions of striking those charges from the judgment.”
State v. J.C., 916 So. 2d 847 (Fla. 2d DCA 2005). “The State appeals the trial court’s order refusing to assess surcharges of 1 under section 938.08, Florida Statutes (2004), and 1 under section 938.”
In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). “_ 1 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence).”
In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015). “*781 _1 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence).”
S.L.G. v. State, 912 So. 2d 613 (Fla. 5th DCA 2005). “” § 938.08, Fla. Stat. (2004) (emphasis added).”
Joseph Nelson West v. State of Florida, 244 So. 3d 1208 (Fla. 1st DCA 2018). “With convictions of this type, § 938.08, Florida Statutes, requires the imposition of a 1 domestic violence-related surcharge.”
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